Jurisdiction & Venue
March 8, 1988, Indiana Court has case pending decision on paternity. Petitioner, afraid court is going to rule on behalf of Respondent, files same case in Florida Court, having both cases ongoing at same time.
Florida Court rules on behalf of Petitioner 2 days prior to Indiana Courts ruling on behalf of Respondent, though neither party is legal resident of the State of Florida.
1. Which State had/has jurisdiction and what ruling is legal?
2. Did Florida Court error; and is it's subsequent rulings pertaining to this case moot.
3. If Florida County Court has continuously errored and continues to do so, denying respondents arguements and pleas for relief, what is the Respondents remedy(s.
4. What case law and rulings apply?
2 Answers from Attorneys
Re: Jurisdiction & Venue
I agree with attorney Slater. Your post raises a host of questions that need to be answered and explored before anyone can give you any real assistance.
You say neither party was a legal resident of Florida at the time the paternity action was filed. Did 1 party at least live in Florida at the time?
Basically, you need an attorney to review the court file(s) and facts. It is possible that the Florida Court took jurisdiction when it should not have done so. But, you need to consult with an attorney who can help you make that determination.
Re: Jurisdiction & Venue
There is no quick answer to this conflict of laws question. Was the Florida Court aware a prior action was pending in Indiana? How did the Florida court get jurisdiction over the parties? Did the Indiana court know of the Florida court decision when it made its decision? If not, why not?
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